Publication Title

Georgetown Law Technology Review

Keywords

algorithmic harm, model deletion, algorithmic destruction, consumer protection

Document Type

Article

Abstract

This Essay explores the emergence of model deletion- the compelled destruction or dispossession of certain data, algorithms, models, and associated work products created or shaped by illegal means- as a remedy, right, and requirement for harmful applications of Al and ML systems. Part I examines model deletion's emergence as a consumer protection remedy and its conception as a positive right and regulatory requirement. Part II considers the constellation of federal and state actors, such as federal and state enforcement agencies and legislative bodies, who might seek model deletion to address particular Al and ML harms. Part III underscores the need to legislate broader privacy and data protection regulation to bolster the effectiveness of model deletion. Part IV reflects on the challenges of model deletion, including the scope and enforcement of model deletion orders and logistical issues for companies undergoing model deletion. Finally, Part V imagines how model deletion would apply to a company whose product has caused immense algorithm harm-Clearview Al.

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